F. Christopher Mizzo
Professional Profile
F. Christopher Mizzo is a partner in Kirkland's Washington, D.C. office. His practice focuses on complex intellectual property litigation in the state and federal courts and the U.S. International Trade Commission, as well as counseling on technology-related matters. Chris's experience includes representing clients ranging from Fortune Global 500 companies to smaller technology companies in cases involving a wide range of technologies, including pharmaceuticals (such as anti-hypertensive, anti-depressive, anti-cancer, anti-glaucoma and anti-HIV medications), biomedical devices, DRAM chips, mobile phones, microchip manufacturing machines, and computer software and systems. Prior to joining Kirkland, Chris clerked for the Honorable William J. Martini in the United States District Court for the District of New Jersey.
Representative Matters
ViiV Healthcare v. Teva (2011-present): Representing ViiV in Hatch-Waxman patent infringement litigation to protect Epzicom® brand anti-HIV medication.
ViiV Healthcare v. Lupin (2011-present): Representing ViiV in Hatch-Waxman patent infringement litigation to protect Trizivir® brand anti-HIV medication.
Mylan v. GlaxoSmithKline and Apotex (2010-present): Defending GSK in breach of contract action arising from the settlement agreement of a 2007 ANDA litigation. Successfully defeated motions for preliminary injunction before the district court and the Third Circuit; achieved significant victory on summary judgment resulting in entire complaint being dismissed with prejudice.
GlaxoSmithKline and ViiV Healthcare v. Teva and Lupin (2008-2011): Representing GSK and ViiV in Hatch-Waxman patent infringement litigation to protect Combivir® brand anti-HIV medication; obtained a favorable settlement in the Teva action after full discovery and GSK/ViiV asked the court for a preliminary injunction; also obtained a favorable settlement with Lupin.
MPEG LA v. Multimedia Patent Trust (2007-2010): Defended MPT against breach of contract and equitable claims in Delaware Chancery Court; obtained a favorable settlement in the midst of trial.
GlaxoSmithKline v. USPTO (2007-2009): Represented GSK and won preliminary and permanent injunctions before the district, precluding the implementation of the Patent Office's controversial, sweeping rules that would have limited, among other things, the number of patent claims, continuing applications, and RCEs an applicant may file; sustained injunction on appeal to the Federal Circuit and won rehearing en banc.
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Recognized as U.S. Patent Case of the Year 2009 by Managing Intellectual Property
GlaxoSmithKline v. Mylan (2007): Representing GSK in an ANDA case to protect Paxil CR® brand antidepressant; filed a patent infringement action and sought a TRO in the district court; obtained favorable resolution at the pleadings stage.
Samsung v. Matsushita (2007): Represented Samsung in patent infringement litigation related to semiconductor products and processes; obtained a favorable settlement.
Ericsson v. Samsung (2006-2007): Defended Samsung against patent infringement claims brought by Ericsson related to 2G and 3G wireless communications chipsets in district court and the ITC; obtained a favorable settlement.
Tessera v. Infineon Technologies (2005-2006): Defended Infineon against patent infringement claims brought by Tessera related to semiconductor chip packaging patents in district court; obtained a favorable settlement.
Memberships & Affiliations
District of Columbia Bar Association
American Bar Association
Publications
S.M. Knowles and F.C. Mizzo, "The USPTO's Proposed Rule Changes & GlaxoSmithKline's Challenge to the Rules", The Sedona Conference, 2008
B.M. Wexler and F.C. Mizzo, "Unpublished Opinions Rising, But Do They Help?", New York Law Journal, February 11, 2002
Seminars
Presented on the topic "The PTO's New Rules Are Void: GlaxoSmithKline v. Dudas – Stories from the Front," 15th Annual Kirkland & Ellis Technology & Law Seminar, Chicago, IL, May 16, 2008
Panelist for "Open Forum: Ask the Judges About Patent Litigation," 13th Annual ALI-ABA Trial of a Patent Case, Chicago, IL, September 30, 2005
Prior Experience
Fitzpatrick, Cella, Harper & Scinto
Courts
2000, United States Court of Appeals for the Federal Circuit
2002, United States District Court for the Southern District of New York
2002, United States District Court for the Eastern District of New York
2012, United States Court of Appeals for the Third Circuit
